STATE OF HP Vs. MUNNU RAM

JUDGEMENT

(1.) Mr. Chaman Negi, Advocate, has been requested to assist this Court as Amicus Curiae on behalf of accused-respondent and he has kindly agreed to the same. Accordingly, Mr. Chaman Negi, Advocate, has assisted this Court on behalf of accused- respondent in response to the submissions made by Mr. R.K. Sharma, Sr. Additional Advocate General, for the appellant-State.

(2.) The present criminal appeal has come up for consideration after leave to appeal under Section 378 (3) of the Code of Criminal Procedure has been granted in reference to 1 Whether reporters of Local Papers may be allowed to see the judgment? the impugned judgment and order dated 17.04.2000, passed by learned Sessions Judge, Shimla, District Shimla, Himachal Pradesh, in Sessions Trial No. 18-S/7 of 1999, acquitting the alleged accused under Sections 366, 366-A and 376 of the Indian Penal Code.

(3.) Prosecution case in brief is that on 22.11.1998, the victim-prosecutrix (name withheld), daughter of Gulab Singh, resident of village Kua, aged about 16 or 17 years, went to graze her cattle in a forest, named Kanda. The accused-respondent went there and asked the victim-prosecutrix to follow him, but the girl (victim-prosecutrix) refused to obey him, upon which accused- respondent caught hold of her by her arm and took her to his own house in village Sadhana. The accused-respondent kept the victim- prosecutrix at his house for a number of days and sexually assaulted her. When the victim-prosecutrix did not reach home, on suspicion, her father, Gulab Singh, searched for her. On the next day, father of the accused went to the house of the father of the victim-prosecutrix and told him that his daughter had been taken by his son and his son was interested in marrying her. The father of the victim-prosecutrix could not report the matter to the police because he did not have the money to pay bus fare for going to Nerwa. It took him 10-12 days to arrange the money and ultimately on 04.12.1998 he went to Police Post, Nerwa and lodged the report. Police took the victim-prosecutrix into custody and handed over the same to her father. The victim-prosecutrix was medically examined and was found to have suffered sexual intercourse. Her radiological age was assessed between 15 to 16 years. After investigation accused-respondent was charged for the aforesaid offence and the case was committed to Session Court.